Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The Act was introduced to address the need for a comprehensive approach to environmental protection that encompasses not only terrestrial and marine ecosystems but also their interactions with human activities. The EPBC Act is administered by the Parliament of Australia and its policy objectives include the conservation of Australia’s biodiversity, the protection of its natural heritage, and the mitigation of adverse environmental impacts from human activities. The Act facilitates this by regulating activities that may impact the environment, including the trade of native specimens, and by establishing mechanisms for ecological sustainability assessments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens, as detailed in the instrument F2014L01090, applies to specimens derived from fish or invertebrates, specifically excluding those belonging to species listed under Part 13 of the Act, that are taken within the Queensland Fin Fish (Stout Whiting) Trawl Fishery. This amendment removes the previous conditions that restricted the inclusion of these specimens in the list of exempt native specimens, which are otherwise exempt from the trade control provisions that apply to regulated native specimens. The conditions now state that the specimens must have been taken lawfully and remain exempt until 14 August 2015. This adjustment extends the exemption period for the export of these specimens. The legislative instrument was enacted to align with the Australian Government's Guidelines for the Ecologically Sustainable Management of Fisheries, ensuring that the management of the fishery adheres to ecologically sustainable practices. The amendment was made after appropriate consultation with Fisheries Queensland, which has management responsibilities for the fishery. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and does not affect any rights or freedoms, nor does it raise any human rights issues as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of this legislation pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303DB of the Act provides for the establishment of a list of exempt native specimens, while section 303DC allows for the amendment of this list. The legislation seeks to revoke the existing conditions for specimens taken in the Queensland Fin Fish (Stout Whiting) Trawl Fishery and impose new conditions. Under the new conditions, specimens that are or are derived from fish or invertebrates, other than those belonging to species listed under Part 13 of the Act, taken in the specified fishery, will be exempt from trade control provisions until 14 August 2015, provided they were taken lawfully. The Act imposes obligations on entities and individuals involved in the trade of native specimens. Firstly, the specimens must be taken lawfully, meaning they must adhere to all applicable fishing regulations and permissions. Secondly, these specimens must not belong to species listed under Part 13 of the Act. Furthermore, the Minister for the Environment is required to consult with relevant ministers and authorities before making any amendments to the list of exempt native specimens. In this case, the Minister consulted with Fisheries Queensland, given their management responsibilities over the fishery. The legislation does not explicitly outline specific offences or penalties for breach. However, by virtue of the EPBC Act, any breach of its provisions could potentially result in civil or criminal penalties. The maximum penalties for breaches of the EPBC Act can include substantial fines and, in more serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act that have been contravened. It is important for entities and individuals to ensure compliance with the Act to avoid any potential legal consequences.